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the ship to be tied up at one end of the canal and for the pilot to
get required rest and then to appear before the board of local in-
spectors that has the responsibility of investigating accidents. So
we do hold the ship at least 24 hours after an accident; sometimes
a little longer, but we try not to do so. We try to complete the in-
vestigation as quickly as we can.
Mr. CARNEY. Who makes up the members of the local board?
Mr. McAULIFFE. Canal pilots. We have a pilot who is assigned to
our management structure who is the chairman of the board of
local inspectors. We will normally have three experienced pilots
who sit on that board. We, in effect, detail other pilots to join with
the chairman.
Mr. CARNEY. Is there someone who would represent the interests
of the ship?
Mr. McAULIFFE. I would like to ask our General Counsel, Mr.
McKabney, to respond to that.
Mr. McKABNEY. The hearings that are conducted by the board of
local inspectors are conducted with sworn testimony, and repre-
sentatives of the shipowner or operator may attend. Ordinarily, a
local attorney representing the shipowner or operator does appear
at the board of local inspectors hearing where he interrogates the
witnesses and presents whatever evidence he sees fit through the
crew members and the officers of the damaged vessel.
Mr. CARNEY. Those sitting in judgment would be the three pilots?
Mr. McKABNEY. That is correct. The three members of the board
of local inspectors merely render their opinion with regard to the
cause of the accident. Those reports by the board of local inspectors
have been, since about 1932, accepted into evidence in the courts in
the fifth circuit as being reports from qualified, experienced navi-
gators who know the Panama Canal.
Mr. CARNEY. But now we don't have the fifth circuit; right?
Mr. McKABNEY. The fifth circuit still has the jurisdiction over
locks cases because suits are brought in the eastern district of Lou-
isiana at New Orleans.
Mr. CARNEY. Nonlocks cases below $120,000?
Mr. McKABNEY. Well, the board of local inspectors' opinion is not
the sole determining factor in those claims below $120,000.
Mr. CARNEY. They make a judgment, pass that judgment on to
the Commission?
Mr. McKABNEY. The Commission then considers that opinion by
the board of local inspectors in making its determination as to how
much to pay of the $120,000.
Mr. CARNEY. Thank you very much.
I yield back my time. I thank the chairman for being so generous
with it.
Mr. HUBBARD. Thank you, Congressman Carney.
Any other questions or comments by any members of the sub-
committee?
Hearing none--
Mr. GIANELLI. Mr. Chairman, may I make a final comment?
Mr. HUBBARD. Surely.
Mr. GIANELLI. One of the things the Commission and the Con-
gress are both confronted with is how the law sets up the proce-
dure for handling claims outside the locks in excess of $120,000. We